Health Care Complaints Commission v Thurlow [2024] NSWCATOD 119

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Thurlow [2024] NSWCATOD 119 Hearing dates: 09 March 2023, Final submissions 21 April 2023 Date of orders: 08 August 2024 Decision date: 08 August 2024 Jurisdiction: Occupational Division Before: R Lethbridge SC, Senior Member Dr M Mison, Senior Member Dr A Richards, Senior Member R Kusuma, General Member Decision: (1) That pursuant to s.149C(4)(a), if the Respondent was still registered the Tribunal would have cancelled his registration. (2) That pursuant to s.149C(4)(b), the Respondent is disqualified from being registered for a period of one (1) year from the date of this order. (3) That pursuant to s.149C(4)(c), the National Board record the fact that, if the Respondent was still registered, the Tribunal would have cancelled his registration in the National Register kept by the Board. (4) That any submissions on behalf of the Practitioner with respect to the issue costs be filed and served within 14 days from the date of these Orders and any additional submissions or submissions in response to submissions filed by the Practitioner be filed by the Health Care Complaints Commission within a further 14 days thereafter. Catchwords: Chiropractor – criminal conviction – professional misconduct – if still registered registration would have been cancelled Legislation Cited: Crimes Act 1900 (NSW) Health Care Complaints Act 1993 Health Practitioner Regulation National Law 2009 (NSW) Road Transport Act 2013 (NSW) Road Traffic Rules 2014 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: AON Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175. Attia v Health Care Complaints Commission [2017] NSWSC 1066. Briginshaw v Briginshaw (1938) 60 CLR 366. Chen v Health Care Complaints Commission [2017] NSWCA 186. Ex parte Tziniolis; Re The Medical Practitioners Act (1966) 67 SR(NSW). Gautam v Health Care Complaints Commission [2021] NSWCA 85. Health Care Complaints Commission v Carr [2020] NSWCATOD 131. Health Care Complaints Commission v Choi [2017] NSWCATOD 82. Health Care Complaints Commission v Hanna [2017] NSWCATOD 165. Lee v Health Care Complaints Commission [2012] NSWCA 80. Lucire v Health Care Complaints Commission [2011] NSWCA 99. Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd (1992) 110 ALR 449. R v Byrnes & Hopwood (1995) 183 CLR 501. Russo v Aiello (2003) 215 CLR 643. Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Jesse Robert Thurlow (Respondent) Representation: Counsel: S Sharma (Applicant) N Bentley (Respondent)